(225 ILCS 225/8)
(from Ch. 111 1/2, par. 116.308)
(a) In addition to promulgating and publishing the private sewage disposal
code, the Department has the following powers and duties:
(1) Make such inspections as are necessary to
determine satisfactory compliance with this Act and the private sewage disposal code.
(2) Cause investigations to be made when a violation
of any provisions of this Act or the private sewage disposal code is reported to the Department.
(3) Subject to constitutional limitations, by its
representatives after identification, enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the administration and enforcement of this Act and the private sewage disposal code.
(4) Institute or cause to be instituted legal
proceedings in the circuit court by the State's Attorney of the county where such non-compliance occurred or by the Attorney General of the State of Illinois in cases of non-compliance with the provisions of this Act and the private sewage disposal code.
(5) Evaluate all Experimental Use Permits in
existence on August 14, 2008 (the effective date of Public Act 95-824), in accordance with the established conditions of approval for each permit. After the date of approval, the Department shall not issue any new Experimental Use Permits, but may instead issue site specific approval for performance-based systems in accordance with this Section.
(6) Adopt minimum performance standards for private
sewage disposal system contractors.
(7) Issue an annual license to every applicant who
complies with the requirements of this Act and the private sewage disposal code and who pays the required annual license fee.
(8) Collect an annual license fee in an amount
determined by the Department from each contractor and any examination and reinstatement fees.
(9) Prescribe rules of procedure for hearings
following denial, suspension or revocation of licenses as provided in this Act.
(10) Authorize the use of alternative private sewage
disposal systems that are designed by a professional engineer licensed under the Professional Engineering Practice Act of 1989 or an environmental health practitioner licensed under the Environmental Health Practitioner Licensing Act and accepted by the Department on a case-by-case basis where the proposed design reasonably addresses issues particular to the proposed system, including without limitation flow volume projections, wastewater composition and pretreatment, treatment and flow in the subsurface environment, and system ownership and maintenance responsibility.
The Department may review alternative technology and operational data from the appropriate state agency of another state, from another government entity, or from an independent testing organization to determine whether approval of components or private sewage disposal systems within the State is appropriate. The request for approval shall be made on forms approved by the Department.
The Director shall authorize the use of appropriate new innovative wastewater treatment systems to best protect public health, the environment, and the natural resources of the State.
(Source: P.A. 95-656, eff. 10-11-07; 95-824, eff. 8-14-08; 96-328, eff. 8-11-09.)